Your worst nightmare just happened. You had to use your firearm in self defense. You’re shaken up, but unharmed. The attacker though, is dead. Law enforcement is at the scene asking you questions and witnesses are all around taking videos. Your head is spinning, your mind is racing, your heart is pounding out of your chest and your head feels like it’s going to explode.

Fast forward a few days and your lawyer informs you that the state prosecutor decided to take the case to trial. “Trial?” You ask.

I acted in self-defense, you plead.

“Well, your prosecutor isn’t convinced.” Your attorney replies.

“Supposedly,” Your attorney continues…

“one of the five elements of self-defense is missing.”

“What five elements are you talking about?” You ask all confused.

So, what are the 5 elements of self-defense?

#1 — INNOCENCE.

If you are the aggressor or instigator, you cannot be innocent unless you reclaim your innocence before any damage is done.

# 2 — AVOIDANCE.

If there is any doubt as to your efforts to avoid the confrontation, this element may come back to haunt you. In Florida, the stand your ground law says we have no duty to retreat If attacked.

However, making an effort to retreat anyway, if safely possible, can go a long way to help your case.

#3 — IMMINENCE. be facing immediate danger. That means we’re either already under attack or the threat is obvious and about to launch. We cannot act too early or too late.

# 4 — PROPORTIONALITY.

Simply means that we should not use greater force to defend ourselves than the force being used against us. For example, don’t use deadly force on someone that slaps you with their hand.

And #5 — REASONABLENESS.

Is our decision to use force in self-defense considered reasonable?

That’s for a jury to decide, so make it easy for them, please.

All five elements have a much deeper context than I introduced here. I highly recommend that you get attorney Andrew Branca’s book called The Law of Self Defense Principles to do a deep dive into these five elements.

Andrew does an amazing job explaining these.

And if you live in Florida, then the Florida Concealed Carry Law Book by Ryan G. Thomas is a must have.

It doesn’t matter how good you are with a gun. It doesn’t matter what you believe you did right. The only thing that matters is what you and your legal team can prove and how a jury of your peers interprets it. Believe it or not, you don’t have to be John Wick to survive a violent attack.

However, your ability to use your firearm responsibly and lawfully under extreme stress and with no time to think needs to be, so that you’re not only hard to victimize, but also hard to convict.

Train hard, often and SAFELY!